Experts at Haskell murder trial clash on cause of death

NORRISTOWN — Two expert witnesses in Montgomery County Court Tuesday gave conflicting diagnoses on the manner of death of Ryan Baurley, the 5-month-old infant found dead in his crib nearly two decades ago.

New details in the case of Commonwealth of Pennsylvania v. Melissa Haskell emerged Tuesday with a heavy focus on the forensics and technicalities surrounding how exactly Baurley was found a the time of his death and what may have caused him to stop breathing.

Dr. Edward Chmara, a forensic pathologist based out of Pennington, N.J., told a jury of eight men and four women that the blood-alcohol content (BAC) found in Baurley at the time of his death was “surely a component of post mortem production,” and not forced administration by his former babysitter.

Haskell, 38, a petite brunette who lives in the 700 block of Pershing Street in Bridgeport, has been charged with third-degree murder of Baurley.

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Jurors heard the audio recording from a wiretap, played in court last week, of Haskell saying she put her hand over Baurley’s mouth to cause suffocation.

At the time of Baurley’s death, the county coroner determined the child died of natural causes and attributed the death to Sudden Infant Death Syndrome (SIDS). Montgomery County Coroner Walter Hofman testified last week that the original ruling was erroneous, and that the child died of suffocation combined with acute alcohol intoxication. Baurley’s BAC at the time was .04 percent.

Hofman also said the presence of edema — or the leaking of fluids from the organs — was a contributing factor in Baurley’s case.

Chmara contended that although alcohol was found in the baby’s blood, it likely was caused by natural fermentation or post mortem production, and that autopsy reports from 20 years ago were “absolutely unreadable.” He said any number of reasons could be to blame for this type of occurrence in a 5-month-old.

“I’m not a believer in this thing called SIDS,” said Chmara. “But when in Rome, do as the Romans do … SIDS is frowned upon because it doesn’t mean anything. It’s a wastebasket term, in my opinion.”

Chmara and Hofman, who was called back to the stand Tuesday for rebuttal, did agree that significant “congestion” was found in the lungs, liver and kidneys of Baurley. This, according to testimony, can occur when there is a backup of blood or when there is evidence of asphyxiation.

“Asphyxia comes in many different flavors,” said Chmara. “Edema is not attributable to suffocation. It’s a non-specific finding.”

Chmara explained, in investigating human death, there are five “manners of death” a coroner can attach to a death certificate – natural, accidental, suicide, homicide or undetermined.

“Undetermined is a bona fide manner of death,” Chmara contended, against the prosecution’s argument that the evidence suggests otherwise.

Haskell waived her right to accepting what is known as a progressive charge, which would have charged her with involuntary manslaughter instead of third-degree murder. Murder in the third degree, said defense attorney Frank Genovese, is any other killing as a result of malice. Manslaughter carries with it the claim the defendant committed a reckless or negligent act, which caused death.

Genovese said his client would not be taking the stand in her own defense and that he stands by her decision to waive the lesser charge. “She has steadfastly maintained her innocence,” he said.

By not swapping the third-degree murder charge for the involuntary manslaughter charge, the Hon. Judge Garrett D. Page called it “all or nothing.”

Page has tasked the jury with hearing closing arguments this morning. Deliberations are expected to follow.